JUDGMENT

The sole appellant is convicted u.s. 302 simpliciter and sentenced to imprisonment for life by the High Court for inflicting an injury on the leg which according to the High Court must have proved fatal. The appellant along with 18 others were tried for offences punishable u/S. 147, 148, 323, 302 read with 149, IPC. The trial Court acquitted 12 accused and convicted accused Nos. 1, 2, 3, 8. 13 and 14. The High Court convicted the appellant under S. 325 read with S. 149, IPC and awarded the sentence in respect of the said offence.

2. In this appeal the learned counsel submits that even if we accept the findings of the High Court there is nothing to show that the appellant caused the injury on the leg which according to the Medical evidence was one of the fatal injuries. To appreciate this submission it becomes necessary to state the facts.

3. The prosecution case is that on 15-2-78 at about 8-30 a.m. all the original accused formed into an unlawful assembly armed with different kinds of weapons. Even the appellant before us was armed with an axe. There were disputes in respect of the lands and therefore there was an animosity between the two groups. On the day of occurrence wh